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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I work second hand car dealer and sold a car made a mistake

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i work for a second hand car dealer and sold a car made a mistake on the invoice and undercharged by £700 the car was advertised on AUTOTRADER and in our car lot for £2995 but we mistakenly charged £2295 The customer took the car before we were aware of the mistake and is refusing to pay the shortfall, he made a verbal agreement to pay the £2995 can we legally claim the £700 from him?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How did he pay? Did he have an invoice for the correct amount or the wrong one?
Customer: replied 1 year ago.
He paid by debit card and had an invoice for the wrong amount it started at the top correctly but the bottom of the invoice amount was wrong
Expert:  Ben Jones replied 1 year ago.
When did the sale occur?
Customer: replied 1 year ago.
23rd January 2016 i have asked by mail for him to pay and he is refusing I maintain he entered into a verbal agreement to pay but he says he paid as per invoice
Expert:  Ben Jones replied 1 year ago.
You may indeed try and pursue the buyer for the balance. It is clear that the reason the car was sold at a lower price was due to an error. It is not what was agreed and the discount was not negotiated or agreed between you. So he has taken advantage of an error on your part to pay the reduced price when legally he should have still aid the originally agreed price. So if you really want to you could pursue him for the balance. To do this you would have to eventually go to the small claims court. If successful, you would obtain a county court judgment against him which you can try and enforce. If he refuses to pay that could go on his credit check. Before claiming you should make formal attempts to try and get him to pay by sending letters of demand. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.